Why Do Disputes Occur?
Disputes in relation to wills can occur for a variety of reasons and can result in family difficulties and even potential litigation. Often times disputes occur due to a lack of clarity as to the wishes of the deceased. This is one of the reasons why it is advisable to have a will properly drafted or at the very least reviewed by a solicitor.
Who Can Contest a Will?
While disputes generally arise is the case of family members and loved ones, a will may be contested by any individual who claims to have an interest in the estate of the testator.
Common Areas of Dispute Include;
- The validity of the will.
- The testamentary capacity of the testator.
- Exercise of undue influence or duress.
- Failure to provide properly for a spouse or a child.
- Behaviour of executor/administrator
When Can a Will be Contested?
Regardless of whether you are challenging or defending the will or probate it is very important to attend with a probate solicitor at the earliest opportunity as the time limits can vary depending on the type of action being taken.
How Can We Help?
After suffering a bereavement, the added challenged of defending a will can cause huge stress at an already sensitive time. At Hoban Boino, we will advise you in relation to the appropriate course of action and give you practical advice about the strength and weakness of a potential case. There are various actions which may be open to an individual who wishes to challenge a will; however, the facts of each case will need to be carefully reviewed by a probate solicitor who will advise on potential avenues that can be pursued.
Our expert team will work with you to try and reach an amicable resolution to the dispute which may or may not involve going to court. We will provide you with guidance at every stage of the process to ensure that the dispute is resolved and your loved one’s estate is distributed in line with their wishes.